These inquiries are red flags that this situation involves a higher risk of litigation. Because the bank might be named in a lawsuit (either from the affiant or from an unhappy relative who was not named in the small estate affidavit), we highly recommend contacting bank counsel who would be able to provide legal advice to the bank as to how to proceed.

We do note that the Probate Act requires that the affiant indemnify and hold the bank harmless for any losses incurred in relying on the affidavit. Further, the Act requires that the bank make any distributions required by the affidavit, provided that it is “substantially” the same as the form affidavit provided in the Act. 755 ILCS 5/25-1(a).